ILLINOIS POLLUTION CONTROL BOARD
    August
    1,
    1994
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB
    93—87
    (Enforcement)
    SOUTH HOLLAND METAL FINISHING
    )
    COMPANY,
    INC.,
    )
    an Illinois Corporation,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD:
    This matter comes before the Board upon a two—count
    complaint filed May
    10,
    1993,
    by Roland
    W. Burns,
    Attorney
    General of the State of Illinois, on behalf
    of the Illinois
    Environmental Protection Agency and the People of the State of
    Illinois,
    against South Holland Metal Finishing Company Inc.
    (South Holland),
    an Illinois Corporation located at 143 West
    154th Street,
    in the City of South Holland,
    Cook County,
    Illinois.
    The complaint alleges that South Holland has violated
    Sections 9(a) and 9(b)
    of the Illinois Environmental Protection
    Act (Act),
    415 ILCS
    5/9(a),
    5/9(b) and 35 II.
    Adin.
    Code
    §S
    201.142 and 201.143 for operating and constructing emission
    sources without the proper permits.
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    Motion requesting relief from the Act’s hearing requirement on
    June 24,
    1994.
    The Board published a Notice of the waiver on
    June 30,
    1994;
    no objection to grant of the waiver was received.
    Waiver of hearing is hereby granted.
    The parties filed a Stipulation and Settlement Agreement on
    June 24,
    1994.
    The Stipulation sets forth facts relating to the
    nature,
    operations and circumstances surrounding the claimed
    violations.
    South Holland admits violating Sections
    9(a) and
    9(b)
    of the Illinois Environmental Protection Act
    (Act),
    415 ILCS
    5/9(a),
    5/9(b)
    and 35
    Ill. Adm.
    Code
    §~
    201.142 and 201.143
    insofar as they pertain to the natural gas—fired boilers and
    agrees to pay a civil penalty of three thousand dollars
    ($3,000.00).
    South Holland denies all violations relating to the
    zinc phosphate and chloride zinc plating
    lines.
    The Board finds the settlement agreement acceptable under
    35
    Ill.
    Adm. Code 103.180.
    This settlement agreement
    in no way
    2
    affects respondent’s responsibility to comply with any federal,
    state or local regulations,
    including but not limited to the Act
    and the Board’s pollution control regulations.
    This opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and South Holland concerning its facility
    located at 143 West 154th Street,
    in the City of South
    Holland,
    Cook County,
    Illinois.
    The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2)
    The South Holland shall pay the sum of three thousand
    dollars
    ($3,000.00) within 30 days of the date of this
    Order.
    Such payment shall be made by certified check
    or money order payable to the Treasurer of the State of
    Illinois, designated to the Environmental Protection
    Trust Fund and shall be sent by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield,
    IL 62794—9276
    The certified check or money order shall clearly
    indicate on its face,
    the South Holland’s Federal
    Employer Identification Number or Social Security
    Number and that payment is directed to the
    Environmental Protection Trust Fund.
    Any such penalty not paid within the time prescribed
    shall incur interest at the rate set forth in
    subsection
    (a)
    of Section 1003 of the Illinois Income
    Tax Act,
    (35 ILCS 5/1003),
    as now or hereafter amended,
    from the date payment is due until the date payment is
    received.
    Interest shall not accrue during the
    pendency of an appeal during which payment of the
    penalty has been stayed.
    3)
    South Holland shall cease and desist from the alleged
    violations.
    IT IS SO ORDERED.
    3
    Section 41 of the Environmental Protection Act
    (415 ILCS
    5/41) provides for the appeal of final Board orders within 35
    days of the date of service of this order.
    (See also 3~Ill.
    Adm. Code 101.246, Motion for Reconsideration.)
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above
    inion and order was
    adopted on tle
    /-~
    day of
    ___________________,
    1994,
    by a
    vote of
    _________
    Control Board

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